Headmen as officials in the system of local government bodies in Ukraine: historical and legal aspect

V. V. Ladychenko
Doctor of Law, Professor, Head of the Department of International Law and Comparative Law of National University of Life and Environmental science of Ukraine
http://orcid.org/0000-0003-2929-1959

Y. P. Maksimenko
PhD student National University of Life аnd Environmental science of Ukraine, General Counsel of Institute of Animal Breeding and Genetics nd. a. M. V. Zubetsof NAAS

Keywords:
headman, official, local government system, elections, state functions

Abstract

The purpose of the article. The article considers the institution of headmen as an official in the system of local self-government bodies, the genesis and functions in different periods of the legal development of Ukraine. The origin and role of the headman as an official in the local self-government of Ukraine has been established, his powers have been investigated, and ways to improve the legal status of the headman have been proposed.

Scientific novelty. In connection with the introduction of headmen in the system of local self-government bodies of Ukraine, it is proposed for the first time to investigate the historical and legal aspect of the institution of headmen as an official in the system of local self-government bodies, its genesis and functions in different periods of legal development of Ukraine.

Conclusions. The evolution of the development of the headmen combined in this chain a representative of the community (including local interests before the state authority) and an administrative officer - a representative of the state on the place. This is confirmed by the fact that at different periods of legal development of Ukraine, the state authorities approached the formation of these positions: by choosing the population as a representative of local self-government, or appointment or approval of the state as the state manager of the lower administration. It is a combination of self-government and state functions in one link that became a feature of the formation and development of the headmen.

Reforming of local self-government, the state changes the local administrative-territorial system, uniting the village councils, towns and cities in the communities, introducing special officials - the headmen, that without previous constitutional changes and the adoption of special laws, is not argued correctly. Determine the true coefficient of effectiveness of the system of checks and balances in the bodies of local self-government with the introduction of headmen in the future will be possible only through research and taking into account the factors of socio-political nature. And in this regard, the headmen will still need to prove their effectiveness and capacity as officials in the system of local self-government, which are elected directly by the population, but carry out exclusively executive activities on the territory of the communities that are included in the executive committees of the local councils of the UTC. With this regard, the basic foundations of the current legislation of Ukraine have already been adopted. But the headmen need to go through the testing of time and practice for their ability to do so.

In the long run, it is advisable for the legislator to improve the legal status of headmen by naming this position as a «village, town headman» (such as renaming the heads of local councils in village, town, city mayors in 1994), that would be consistent with historical continuity, as well as resolve at the legislative level, the powers of these officials, taking into account the examples of the past. This is the adoption of a special «model rule for the head of state», the definition of the number and composition of the executive committee of the council of the community (which includes the position of the headman), the formation in the headmen districts of the relevant structural units with the head of the headmen (such as «headman offices») with the necessary specialists (for example, the assistants of the headmen), as well as to foresee in the current legislation the election of the acting headman in case of vacancy of this post until the corresponding elections, not regulated by legislation as of today, that would enable the official to effectively carry out special duties (commission of notarial acts, registration of acts of civil status, imposition of administrative penalties, etc.), as well as to strengthen the legal status of these officials, their special place in the system of local self-government, introduced as an alternative to former rural, village chairmen of local councils that have united or joined the capable territorial communities.

Ladychenko, V., & Maksimenko, Y. (2019). Headmen as officials in the system of local government bodies in Ukraine: historical and legal aspect. Scientific Papers of the Legislation Institute of the Verkhovna Rada of Ukraine, (2), 8-17. https://doi.org/10.32886/instzak.2019.02.01